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Stat Con Reviewer

Verba Legis
- plain meaning rule
- when the law is clear and unequivocal the Court has no other alternative but to apply the law and not to interpret

Director of Lands vs CA
Globe Mackay Cable vs NLRC
Socorro Ramirez vs CA: legislative intent is determined principally from the language of a statute
Felicito Basbacio vs Office of the Secretary, DOJ: when the language of the statute is clear it should be given its natural meaning


Index animi sermo est
-speech is the index of intention

Globe Mackay Cable vs NLRC


Dura Lex Sed Lex
- the Court cannot shy away from applying the law when no interpretation is needed no matter how harsh the law may be


Ut res magis valeat quam pereat
-that construction is to be sought which gives effect to the whole of the statute - its very word
-in interpreting a statute care should be taken that every part be given effect

JMM Promotions and Management vs NLRC


Cessante ratione legis, cessat ipsa lex
-when the reason of the law ceases, the law itself ceases

B/Gen. Jose Commendador vs B/Gen. Demetrio Camera


Ratio legis est anima
-the reason of law is its soul

B/Gen. Jose Commendador vs B/Gen. Demetrio Camera


Doctrine of implications
-that which is plainly implied in the language of a statute is as much a part of it as that which is expressed

City of Manila vs Judge Amador Gomez


Ubi lex non distinguit nec nos distinguere debemos
-where the law does not distinguish, courts should not distinguish

De Villa vs CA
Colgate-Palmolive Phil., Inc. vs Gimenez
Pilar vs COMELEC
Phil. British Assurance Co., Inc. vs Intermediate Appellate Court
People vs Evangelista and Tugonon

Ejusdem generis
-where general words follow an enumeration of persons or things by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same kind or class as those specifically mentioned.

Republic vs Migrino
Vera vs Cuevas
People vs Echaves


Expressio Unius Est Exclusio Alterius
-express mention of one person, thing, act or consequence excludes all others

San Pablo Manufacturing Co. vs Commission of Internal Revenue


Noscitor a Sociis
-where a particular word is equally susceptible of various meanings, its correct construction may be made specific by considering the company of terms in which it is found or with which it is associated

Dra. Brigida Buenaseda vs Sec Juan Flavier

Source: Statutory Construction by Diaz

Socorro Ramirez vs Court of Appeals

No. 2

Case Digests: Statutory Construction 

Socorro Ramirez vs Court of Appeals
248 SCRA 590
G. R. No. 93833 
September 25 1995

Facts:
A civil case for damages was filed by petitioner Socorro Ramirez in the RTC of Quezon City alleging that the private respondent, Ester Garcia, in a confrontation in the latter’s office, allegedly vexed, insulted and humiliated her in a “hostile and furious mood” and in a manner offensive to petitioner’s dignity and personality, “contrary to morals, good customs and public policy.”

In support of her claim, petitioner produced a verbatim transcript of the event. The transcript on which the civil case was based was culled from a tape recording of the confrontation made by petitioner.

As a result of petitioner’s recording of the event and alleging that the said act of secretly taping the confrontation was illegal, private respondent filed a criminal case before the RTC of Pasay City for violation of RA 4200, entitled “An Act to Prohibit and Penalize Wiretapping and Other Related Violations of Private Communication, and Other Purposes.”

Upon arraignment, in lieu of a plea, petitioner filed a Motion to Quash the Information on the ground that the facts charged do not constitute an offense particularly a violation of RA 4200. The trial court granted the Motion to Quash, agreeing with petitioner.

From the trial court’s Order, the private respondent filed a Petition for Review on Certiorari with this Court, which forthwith referred the case to the CA.

Respondent Court of Appeals promulgated its assailed Decision declaring the trial court’s order null and void.

Issue:
W/N RA 4200 applies to taping of a private conversation by one of the parties to a conversation.

Held:
Legislative intent is determined principally from the language of a statute. Where the language of a statute is clear and unambiguous, the law is applied according to its express terms, and interpretation would be resorted to only where a literal interpretation would be either impossible or absurd or would lead to an injustice.

Section 1 of RA 4200 clearly and unequivocally makes it illegal for any person, not authorized by all parties to any private communication, to secretly record such communication by means of a tape recorder. The law makes no distinction as to whether the party sought to be penalized by the statute ought to be a party other than  or different from those involved in the private communication. The statute’s intent to penalize all persons unauthorized to make such recording is underscored by the use of qualifier “any.” Consequently, as respondent CA correctly concluded, “even a (person) privy to a communication who records his private conversation with another without the knowledge of the latter (will) qualify as a violator under this provision of RA 4200.

The unambiguity of the express words of the provision therefore plainly supports the view held by the respondent court that the provision seeks to penalize even those privy to the private communications. Where the law makes no distinctions, one does not distinguish.

Stat Con Principle: Legislative intent is determined principally from the language of the statute.

Legal Maxims: Verba Legis (the statute must be interpreted literally if the language of the statute is plain and free from ambiguity)

Director of Lands vs Court of Appeals

No. 1

Case Digests: Statutory Construction

Director of Lands vs. CA
276 SCRA 276
G. R. No. 102858 
July 28 1997

Facts: 
Private Respondent Teodoro Abistado filed a petition for original registration of his title under P. D. No. 1529. However, during the pendency of his petition, applicant died. Hence his heirs represented by their aunt Josefa Abistado, who was appointed their guardian ad litem, were substituted as applicants.

The Land Registration Court in its decision dismissed the petition “for want of jurisdiction.” However, it found that the applicants through their predecessors-in-interest had been in open, continuous, exclusive and peaceful possession of the subject land since 1938. The trial court dismissed the petition for the reason that the applicants failed to publish the notice of Initial Hearing in a newspaper of general circulation in the Philippines.

Private Respondents appealed to CA, which set aside the decision of the trial court and ordered the registration of the title in the name of Teodoro Abistado.

The Director of Lands represented by the Solicitor General, brought the case to the Supreme Court.

Issue:
W/N newspaper publication of the notice of Initial Hearing in an original land registration case mandatory or directory.

Held:
It is mandatory. The word “shall” denotes an imperative and thus indicates the mandatory character of a statute. The law used the term “shall” in prescribing the work to be done by the Commissioner of Land Registration upon the latter’s receipt of the court order setting the time for Initial Hearing. While concededly such literal mandate is not an absolute rule in statutory construction, as its import ultimately depends upon its context in the entire provision, we hold that in the present case the term must be understood in its normal mandatory meaning.

Stat Con Principle: When the law is clear, it is not susceptible of interpretation. It must be applied regardless of who may be affected, even if the law may be harsh or erroneous.

Legal Maxims: Verba Legis and Dura Lex Sed Lex

The meaning of all the deaths in HP:
James and Lily: To establish the story line as well as to show orphans of war.
Cedric Diggory: To show Voldemort's mercilessness.
Sirius Black: To show Harry's lack of guidance/parental figures.
Albus Dumbledore: To show the death of a great leader can't stop a war.
Hedwig: To show the end of Harry's childhood.
Mad Eye: To show the death of a soldier.
Dobby: To show even the smallest of creatures can die a Hero's death.
Fred Weasley: To show that some deaths you just can't get over. And that's okay.
Tonks and Remus Lupin: To reestablish orphans of war.
Colin Creevey: To show that the good die young, even when they aren't supposed to.
Severus Snape: To show that you can always change your ways. Always.
Chosun Teachers and Students

Chosun Teachers and Students

gawad karangalan 2012

gawad karangalan 2012

MOA fireworks competition

MOA fireworks competition

Sherlock Holmes 2: A Game of Shadows Movie Review

4 stars out of 5 stars

I watched this film together with my sister yesterday. Probably if you are living outside the Philippines you might find it a bit late that I only got to watch the film yesterday. Actually, all of the International films that supposedly showing on Christmas holiday are always pushed to show in January instead of December because we had a film festival called the Metro Manila Film Festival or MMFF that gives priority to Filipino films that participated in the said festival. So, it’s like in the later half of December the cinemas will be exclusive for these Filipino films. 

Moving on, I came to the cinema with absolutely no idea to what really is the story because I really didn’t watch the first film (Sherlock Holmes 1) and I just watch it because my friend told me that the movie is a series, but it’s like I can still understand it because this movie has a standalone plot. Also, I only knew about Sherlock Holmes because I watched Detective Conan and House MD (both have Sherlock Holmes references). So, somehow I know a little about it Sherlock and Doctor Watson.

For the movie review, I really like the movie. It was witty, humorous, and pretty cool. There are a lot of action, mystery, humor and a little bit of romance. There is a wedding in the story, but the romance is not really the focus of the story. Also, because I didn’t watch the first film I’m really clueless about Rachel McAdams’ character and what is her importance to the story and Sherlock Holmes. I really don’t have any idea. 

For the characters, I really like them a lot especially Dr. Watson (Jude Law) and the villain sort of in the story, which is Professor Moriarty. I just feel a bit odd about Sherlock Holmes because I picture him as Dr. House (selfish, intelligent, witty, serious, etc.). Still, somehow Sherlock’s selfish, intelligent, etc. in this movie, but he was a little bit playful and odd because he wears these strange disguises like for example sometimes he will look like a lady or a couch, beggar, etc. I just find it a bit odd I picture him as a serious detective not someone that is playful with disguises.

All in all, it was really good and there are a lot of scenes that I like such as the scene wherein Professor Moriarty and Sherlock were playing chess and the dialogues are really good and it reminds me of Death Note, which is like more of a battle of the brains than a physical battle. I also like the part wherein Professor Moriarty gets his red notebook and then he opens it and he saw like a moving sort of a flipping story (I will not spoil what was it all about.). Also, I really like the end part (you’ll probably get it once you watched the film). So, yeah I really recommend it, but somehow I think you probably already watched it.

You remember the Azor Ahai prophecy in the series? I don't think you have to worry about Jon Snow really being dead for that reason. A lot of people speculate that he's Azor Ahai and will be reborn as an even cooler, more powerful character than before.
Anonymous

Really? Ok. But I thought stannis is the reincarnation of azor ahai. Still it’s a cool speculation. I just hope the fans are correct with that because with George Martin we can’t really be hopeful. :( thanks for the message by the way:)

A Dance with Dragons Book Review

2 stars out of 5 stars

Oh my God, I finally finished reading it. A Dance with Dragons is the 5th book of A Song of Ice and Fire series of George R. R. Martin. If you’re a fan of the book you already knew that the 5th book is not a continuation of the 4th book, but still the continuation of the 3rd book A Storm of Swords. The 4th and the 5th book were actually just one book and the reason for dividing it to two books is that if the author decided to just make it one book it will be composed of 2, 000 pages  which probably the reader wouldn’t like because that would really look like an encyclopedia rather than a book.

And maybe if you have been my goodreads friend you have probably noticed that I’m a big fan of the book series . Actually I started reading it because I saw my father watching the TV adaptation and I’m also a big fan of the TV adaptation on HBO.

So you probably wonder why I gave it a low rating, but sadly I can only discuss my reasons through spoiling things or events that happen inside the book that I really don’t like. So if you’re okay with reading spoilers or you already read the book you are free to continue reading this review.

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